Kethavath Shankar v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.35159 of 2016 ORDER:

Heard learned counsel for the petitioner, leaned Assistant Government Pleader for Education for respondents 1 and 2 and learned Government Pleader for I.C.D.S. for respondent No.3. With the consent of all the parties, the Writ Petition is disposed of at the stage of admission.

2.

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief :

"directing the 2nd and 3rd respondents to provide entire admission details of the 4th respondent in U.P.S., Kothapally consider the application filed under Right to Information Act on 21.04.2016 and to grant such other relief or reliefs." 3.

In the affidavit filed in support of the petition, it is stated on 29.12.2008 the 4th respondent herein was appointed as Aganwadi worker in Turpu Tanda Anganwadi Centre, Chandampet (M), Nalgonda District as she was the only person who applied for the said post. The required qualification for the said post was 7th class pass. But, the 4th respondent filed 5th class T.C. from Upper Primary School, Kothapally, which was issued in the year 1986. On 21.03.2016, the petitioner submitted an application under Right to Information Act, 2005 to I.C.D.S. Officer, Devarakonda, requesting to provide copies of Educational qualification and appointment order as Anganwadi worker of 4th respondent. On 06.04.2016, the Mandal Educational Officer, Chandampet (M), issued a reply stating that she visited U.P.S. Kothapally on 02.04.2016 for verification of admission records of 4th respondent, but could not find the details as the admission records are in a damaged condition. In this regard, on 21.04.2016 the petitioner

has approached the District Educational Officer, Nalgonda under Right to Information Act stating that he did not get proper response from I.C.D.S, Devarakonda and requested to provide entire records and admission details of the 4th respondent. As the petitioner failed to receive any information from the District Educational Officer, he filed the present Writ Petition.

4.

Admittedly, the petitioner filed an application on 21.03.2016 under Right to Information Act before I.C.D.S. Devarakonda and thereafter, he filed an application on 21.04.2014 before the District Educational Officer, but could not get any information. 5.

Learned Assistant Government Pleader for respondent No.3I.C.D.S. would submit that the said issue is dealt with by the Mandal Educational Officer and that the petitioner may be directed to file fresh application ventilating his grievance, in which event the same shall be considered.

6.

Having regard to the above, the Writ Petition is disposed of directing the petitioner to make an application before the Mandal Educational Officer, Devarakonda, Nalgonda District, seeking the relief, in which event, the same shall be dealt with in accordance with law after hearing all the concerned, if necessary. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________________ JUSTICE C. PRAVEEN KUMAR OCTOBER 19, 2016 YVL

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.35159 of 2016 Date:19.10.2016 YVL